What are the rules for hearsay evidence in criminal cases?
Hearsay evidence is an out-of-court statement offered as evidence during a trial. Generally, hearsay evidence is not admissible in criminal cases in Tennessee. However, there are some exceptions. The first exception is if the out-of-court statement is made by a person who is unavailable to testify in court. If a witness is deceased or too ill to testify in court, their statement can be used as evidence as long as it is necessary or relevant to the case. The second exception is if the statement was made in an official legal proceeding. This includes statements made during police questioning, in depositions, or during other official legal proceedings. The third exception is if the statement is a declaration against interest. This means that the statement is one that a person would not make if it was not true, such as a confession of guilt. Finally, the fourth exception is if the statement is a spontaneous declaration. This means that the statement was made shortly after the event in question and was not deliberated or planned ahead of time. Overall, Tennessee does not allow hearsay evidence in criminal cases, but there are some exceptions. These exceptions are necessary and relevant to the case, an official legal proceeding, a declaration against interest, or a spontaneous declaration.
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